Irresponsible Lending Query

Twinkiehq

I had a credit card with MBNA, they sold the debt to PRA group. I have asked PRA group to provide me with the original affordability form. They have come back to me this morning and said that MBNA are unable to provide this information. 

Does this now mean that I can go down the route of irresponsible lending as they don’t have the documentation to back this up? 

Penguin_

I'm not sure it's irresponsible lending but I don't think the debt if enforceable if they cannot provide the original CCA.

[Deleted User]

It doesn't make any difference to whether you make a complaint.

Twinkiehq

What should my next steps be then do you think? 

[Deleted User]

If you want to make a complaint, then make a complaint.  But remember that your chances are minimal, as a credit card debt relies on you going out and spending the money.  It's not like a loan where you're instantly a few grand in debt.

With a card, you have to put in the effort to run the debt up and can control your own affordability.

bradders1983

Interested to know why the OP felt it was irresponsible. or is he/she just trying to desperately look for a cop-out ?

Twinkiehq

If course I’m trying to look for a loop hole - I suggested irresponsible lending as from researching other people’s similar circumstances, that’s what I have found but came on this forum for advice to help me.

bradders1983

Do you honesty think hand on heart it was irresponsible? I suspect the answer is a "no".

Good luck, you will more than likely need it here, as said, its a credit card and not a loan, MBNA didnt hold a gun to your head when you went down the shops/went online to spend on it over a period of time, so is much harder to prove "misselling" occurred.

oldagetraveller1

I suppose, on the other hand, it could also be irresponsible borrowing. It looks like there's a credit card debt, that has not been satisfied, and sold on to a collection outfit.

Twinkiehq

Considering I was with stepchange at the time and have documents I sent to MBNA outlining my incomings and outgoings and I was in a minus every month - yes I do think it was irresponsible lending! 

bradders1983

It takes two to tango, tbh.